Despite recognizing that Congress expressly enacted the SFPA to “eliminate the wasteful and unsportsmanlike practice of shark finning” and explained that the purpose of the Act was to "eliminate shark-finning by addressing the problem comprehensively at both the national and international levels,” the court decided that the fins in this case were improperly seized because the boat they were on was not a fishing vessel under the law. Although the SFPA prevents aiding and assisting the practice of shark finning, the court also decided that the purchase, storage, and transportation of the fins did not amount to aiding and assisting of shark finning.

Hopefully the government will appeal this decision or move quickly to pass new legislation or regulations to close this loophole. Shark finning often involves cutting the fins from live sharks that are then dumped back into the ocean where they die from suffocation or are eaten by other sharks or animals. It is also listed as one of the probable causes for the rapid decline in shark population worldwide.